Appendix A-15: Office of General Counsel

FY 2000 Performance Report
Goal & Performance Indicators Checklist

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OGC Goal -- M

Timely and high-quality legal expertise on Federal civil service law and related matters is provided to the Director, Deputy Director, and OPM programs.

This goal was established under Strategic Goal I to provide expert legal services, both representational and advisory, to the Director, Deputy Director, OPM senior officials, other Government agencies, Federal employees, and the public. There are five indicators to assess whether or not this goal is achieved. Of these, the first indicator was identified at the beginning of the year as most critical for achieving the goal. We have met this goal by working closely with all senior officials and program offices of OPM to initiate and implement policy, to ensure that the programs are administered lawfully, and to represent the programs in all types of advocacy settings and by successfully defending OPM in most instances.

In addition to the accomplishments described under each indicator, we also led the Plain Language initiative and assisted in adopting standards and expectations for clear communications in all OPM products and presentations; we led OPM’s efforts in bringing persons with disabilities into the Federal workforce and were instrumental in assisting the Administration in implementing premium conversion for the Federal Employees Health Benefits premiums.

M Defense of OPM in litigation before MSPB and EEOC. [Critical indicator]

This is our critical indicator. OGC is expected to provide advisory, advice, and defense for the Director and Program Offices.

In FY 2000, we handled 101 cases in these categories providing timely and high-quality legal expertise; 51 of these cases were resolved favorably, 4 were resolved unfavorably, leaving a balance of 46 cases pending resolutions.

M Support to DoJ defending MSPB decisions sustaining OPM retirement decisions.

OGC handled an estimated 158 cases, providing timely and high-quality legal expertise in this matter; 141 of these cases were resolved; 121 favorably and 20 unfavorably.

M Support to DoJ in representing OPM in Federal court litigation.

OGC led the OPM effort to respond to the MSPB report on the Outstanding Scholar authority created by the Luevano case, and worked with ES and DoJ to interpret and implement significant civil rights decisions such as Adarand and Luevano.

We also supported DoJ in representing OPM in Federal court cases in which Federal employees disputed OPM’s decisions regarding Federal Employees Health Benefits (FEHB) coverage, and advised DoJ on proceedings involving OPM’s priority referral list for RIF’d ALJs in the case of Rutberg v. OPM.

M Advocacy for appeal cases involving significant civil service issues to the Federal court of appeals.

We estimated seeking further review of 3 cases by the Federal Circuit Court of Appeals. For example, we assisted the Department of Justice in its efforts to obtain review by the U.S. Supreme Court of a Federal Circuit Court of Appeals decision relating to proper standards for determining disciplinary penalties in the case of Gregory v. U.S.P.S., which relates to proper standards for determining disciplinary penalties.

M Support of ethics and Hatch Act efforts.

In FY 2000, OGC continued to manage the ethics program for OPM. We trained and advised employees on the provisions of the Hatch Act and issued regulations governing the political activities of Federal employees.